(A) Location. No dispensing organization shall be located within 1,000 feet of the property line of a preexisting public or private preschool, or elementary or secondary school, or day care center, day care home, group day care home, or part day care facility. It may not be located in a house, apartment, condominium, the offices of a physician, or an area zoned for residential use. These requirements shall not be subject to variance. Distances shall be measured linearly, and shall be the shortest distance between the closest points of the property lines of the places. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the Zoning Administrator. Additionally, dispensing organizations shall be a minimum of 1,500 feet from all other preexisting cultivation centers or dispensing organizations, as measured from the parcel boundaries.
(B) Parking. The dispensary shall have a minimum of one parking space per employee, and one for every 200 square feet available to the public. Unless otherwise provided in this section, the parking area shall meet all requirements for off-street parking and loading. Parking shall be located in an area visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas and the entire exterior of dispensary shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensing organization staff, Police Department staff, and those entities that dispatch for the Police Department, and continually recorded in a tamper-proof format.
(C) Exterior display. No cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis-infused products, cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way, or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, spot lights, or any similar lighting system.
(D) Exterior signage.
(2) Electronic message boards and temporary signs are not permitted.
(3) Signs shall not include any smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.
(4) A sign shall be posted in a conspicuous place at or near all dispensary entrances, and shall include the following language: “Persons under the age of 21 are prohibited from entering.” The required text shall be no smaller than one inch in height.
(E) Drug paraphernalia sales. Cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.),the Illinois Compassionate Use of Cannabis Program Act (410 ILCS 130/1 et seq.), and the Cannabis Regulation and Taxation Act (410 ILCS 705/).
(F) Hours of operation. Cannabis dispensaries shall operate only between the hours of 6:00 a.m. and 10:00 p.m.
(G) Age and access limitations. It shall be unlawful for any cannabis dispensary to allow any person who is not at least 21 years of age on the premises. Dispensaries shall not employ anyone under the age of 21 years.
(H) Security and video surveillance.
(1) The cannabis dispensary shall be an enclosed, locked facility, and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.
(2) The dispensary parking area, client entrance, sales area, back room, storage areas, delivery bay and entrance, and entire exterior shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff, Police Department staff, and those entities that dispatch for the Police Department, and continually recorded in a tamper-proof format.
(3) A sign shall be posted in a prominent location, which includes the following language: “These premises are under constant video surveillance.”
(4) The Zoning Administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the Police Chief.
(5) Immediately upon discovery, a cannabis dispensary shall report all criminal activities to all appropriate law enforcement agencies.
(6) Deliveries shall occur during normal business hours within a secure, enclosed delivery bay. No delivery shall be visible from the exterior of the building.
(I) Conduct on site.
(1) Residential co-location. No person shall reside in, or permit any person to reside in, a dispensary or on the property of same.
(2) Drive-through services. Drive-through services shall be prohibited. This regulation shall not be subject to variance.
(3) Outdoor seating. Outdoor seating shall be prohibited.
(4) Loitering. Loitering is prohibited on dispensary property.
(5) Smoking and use of cannabis products. It shall be prohibited to smoke, inhale or ingest cannabis products in an adult use or medical cannabis dispensary waiting room, limited access area, or restricted access area. Signs, at least 8.5 inches by 11 inches, shall be posted inside the public waiting room, limited access area, and the restricted access area of the dispensary, in a conspicuous place and visible to a client, and shall include the following language: “Smoking, eating, drinking, or other forms of consumption of cannabis products is prohibited within this dispensary area.” An adult use dispensing organization may have an on-premise consumption area located adjacent to the licensed dispensing organization. Consumption areas shall be subject to inspection at any time that on-premise consumption may be occurring.
(6) On-premise consumption licenses. Cannabis products may be smoked, inhaled or consumed at a licensed facility pursuant to the Illinois Cannabis Regulation and Tax Act (Public Act 101-0027; 410 ILCS 705/). There may be up to two on-premise consumption licenses issued within the municipal boundaries of the village. An on-premise consumption license shall be issued or renewed annually. A licensed, on-premise consumption facility that qualifies as a social equity applicant pursuant to the Illinois Cannabis Regulation and Tax Acts shall be entitled to a reduction in the license fee as defined in this division.
(a) On-premise consumption license fee $5,000;
(b) On-premise consumption license fee (social equity) $2,500.
(Ord. 1872, passed 11-4-2019)